Press Releases
03/30/2020
Attorney General Tong Seeks Permanent Injunction to Protect National Guard Funds, Economy from Illegal Border Wall Diversion
Attorneys General Seek to Protect Economy, National Guard Emergency Response Equipment During Pandemic
(Hartford, CT) -- Attorney General William Tong and seven attorneys general filed a motion for partial summary judgment seeking to permanently block the Trump Administration from illegally diverting $3.8 billion in taxpayer funds to build an unnecessary and unwanted border wall. At a time when the entire nation is focused on responding to the COVID-19 crisis, the unlawful diversion adds unnecessary strain on already stressed state economies, and pulls funding from National Guard units on the front lines of the pandemic response.Among the funds the Administration is seeking to unlawfully seize are $790 million from National Guard units in Connecticut and across the country intended to purchase equipment to respond to natural disasters and emergencies. The attorneys general are seeking an immediate permanent injunction to protect state economies and ensure the National Guard is fully equipped to protect communities during the COVID-19 pandemic and other emergencies.
“The Connecticut National Guard needs every cent of its budget right now to respond to the COVID-19 crisis, and our state’s economy cannot afford to lose any more revenue. The President has no legal right to grab lawfully appropriated taxpayer dollars for this unnecessary vanity project—not now, not ever. The law was clear before today’s crisis, but it is imperative now that we move immediately to protect public health, our state economy, and national security,” said Attorney General Tong.
In addition to the grave threat to National Guard readiness, Connecticut stands to suffer significant economic harm, particularly due to the importance of aerospace manufacturing to our state economy. Connecticut will see a direct loss of $80 million because Pratt and Whitney produces the engines for both the JSF STOVL and the F-35 Advance Fighter planes. Each engine costs approximately $20 million and four will be lost due to the procurement project’s defunding. Connecticut’s total business sales will be down by $195 million, personal income will fall by $51 million and Connecticut will receive approximately $5.5 million less in state and local tax revenues. Even excluding the ripple effects from other states, Connecticut will receive approximately $3.4 million less in state and local tax revenues.
On March 3, 2020, a coalition of 19 states filed a lawsuit challenging the Trump Administration’s diversion of more than $3.8 billion in funds that Congress appropriated to the DOD for resources and equipment for the military and state National Guard units nationwide toward the construction of a wall along the border. This equipment is necessary for the states’ National Guard units to provide public safety support in times of emergencies, including during natural disasters like wildfires and public health crises like the current pandemic.
Given the current national emergency, it is more important than ever to stop the Trump Administration’s illegal actions to fund President Trump's border wall. In the motion, the states argue that the diversion of funds violates the principles of separation of powers, the Presentment Clause, and the Appropriations Clause of the U.S. Constitution by usurping Congress’s appropriation powers. The coalition further asserts that the Trump Administration fails to satisfy the legal requirements necessary to divert the funds and acted in an arbitrary and capricious manner in violation of the Administrative Procedure Act.
Attorney General Tong joined the attorneys general of California, Massachusetts, Michigan, New Jersey, New Mexico, Virginia, and Wisconsin in filing the motion.
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